33.6.—(1) This rule applies where more than one party wants to introduce expert evidence.
(2) The court may direct the experts to—
(a)discuss the expert issues in the proceedings; and
(b)prepare a statement for the court of the matters on which they agree and disagree, giving their reasons.
(3) Except for that statement, the content of that discussion must not be referred to without the court’s permission.
(4) A party may not introduce expert evidence without the court’s permission if the expert has not complied with a direction under this rule.
[Note. At a pre-trial hearing, a court may make binding rulings about the admissibility of evidence and about questions of law under section 9 of the Criminal Justice Act 1987(1); sections 31 and 40 of the Criminal Procedure and Investigations Act 1996(2); and section 8A of the Magistrates’ Courts Act 1980(3).]
1987 c. 38; section 9 was amended by section 170 of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), section 6 of the Criminal Justice Act 1993 (c. 36), sections 72, 74 and 80 of, and paragraph 3 of Schedule 3 and Schedule 5 to, Criminal Procedure and Investigations Act 1996 (c. 25), sections 45 and 310 of, and paragraphs 18, 52 and 54 of Schedule 36 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), article 3 of, and paragraphs 21 and 23 of S.I. 2004/2035 and section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4). It is further amended by Part 10 of Schedule 10 to the Protection of Freedoms Act 2012 (c. 9) with effect from a date to be appointed. The amendment made by section 45 of the Criminal Justice Act 2003 (c. 44) is in force for certain purposes; for remaining purposes it has effect from a date to be appointed.
1996 c. 25; section 31 was amended by sections 310, 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44).
1980 c. 43; section 8A was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by SI 2006/2493. It is amended by paragraphs 12 and 14 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.